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Code · BILL · 114th Congress · S. 3136 (Placed on Calendar Senate) — To reauthorize child nutrition programs, and for other purposes. · Sec. 301

Sec. 301. Reviews

1,253 words·~6 min read·/bill/114/s/3136/pcs/section-301·

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Not later than 1 year after the date of enactment of this Act, the Secretary shall review— the barriers to including tribally produced, traditional, and culturally appropriate foods in child nutrition programs (as defined in subparagraphs
(A)through
(E)of section 25(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769f (b)(1)) within all forms of tribal schools; and the means of encouraging and assisting enhanced inclusion of foods described in subparagraph
(A)in child nutrition programs. In carrying out the review described in paragraph (1), the Secretary shall— survey and compile resources of the Department of Agriculture on the issue described in paragraph (1)(A); clarify relevant Federal regulations governing schools and tribal producers, including regulations relating to procurement, reimbursement, and food safety; involve all relevant agencies, including the Food and Nutrition Service and Office of Tribal Relations of the Department of Agriculture; and submit to Congress a report describing the results of the review. The Secretary, jointly with the Secretary of Education, shall— review information regarding available alternative data sets for use in programs that are using free and reduced price meals data; and determine the appropriateness of using such alternative data sets in place of free and reduced price meal program data by other programs to reduce the burden on local school food authorities. Not later than 1 year after the date of enactment of this Act, the Secretaries shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the review and any recommendations of the Secretaries. The Secretary shall review and update the system of crediting and the voluntary child nutrition labeling program used in administering— the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). The review described in paragraph
(1)shall include— the treatment of food products within previously established food categories and new products that have entered the commercial marketplace since the system of crediting and the voluntary child nutrition labeling program were developed; and the timeliness in which applications for labels under the voluntary child nutrition labeling program are reviewed and are granted or denied. Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the review and any recommendations of the Secretary. The Secretary shall— review the practicability and feasibility of— conducting a nutritional analysis, using publicly and commercially available nutritional information, of food products that are voluntarily submitted for use in child nutrition programs, outside of the reimbursable school meal; and aggregating and making publicly available the information obtained through that nutritional analysis for use by school food authorities, food manufacturers, and other interested parties; and if found practicable and feasible, proceed with the analysis, aggregation, and public availability. Not later than 1 year after the date of enactment of this Act, the Secretary shall review— the number of instances and types of unlawful activity that have occurred in the past 3 years, including instances of fraud, bid-rigging, and any other anticompetitive activities carried out in connection with supplying, providing, or selling goods or services for a program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ); and the practices and procedures currently used by the Department of Agriculture to prevent unlawful activity described in subparagraph (A). Following completion of the review described in paragraph (1), the Secretary shall respond, if appropriate, by taking action to reduce such unlawful activity, including— revising any relevant guidance and regulations; issuing fines authorized under subsection
(g)of section 25 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769f ) (as amended by section 115); and submitting to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate recommendations for any legislative changes needed to enhance program oversight. The actions described in paragraph
(2)shall be designed to reduce— anticompetitive activities, including bid-rigging, price-fixing, the allocation of customers between competitors, or other violation of Federal or State antitrust laws; fraud, bribery, theft, forgery, or embezzlement; knowingly receiving stolen property; making a false claim or statement; or any other obstruction of justice. Not later than 18 months after the date of enactment of this Act, the Secretary shall collect and review any existing research and scientific literature that provides an assessment of the effects that the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) are having on reducing food insecurity and increasing positive health outcomes. The purpose of the review described in paragraph
(1)shall be to evaluate the current state of credible information and accompanying data regarding the collective impact that the programs described in that paragraph are having on the food security and health of program participants. Not later than 60 days after completing the review described in paragraph (1), the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate— a report that describes the results of the review, including any gaps in research; and after consulting with stakeholders, a recommendation for what legislative action and additional resources are necessary for a comprehensive evaluation of— whether the programs described in paragraph
(1)are reducing food insecurity and increasing positive health outcomes; and what research is needed to make policy recommendations that will enable the programs to better meet the stated purpose of the programs. To the extent practicable, the Secretary shall— review the current use of certified lactation consultants in local agencies operating the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ); and encourage the additional use of certified lactation consultants in local agencies wherever possible. Not later than 180 days after the date of enactment of this Act, the Secretary shall— review the current regulations regarding caloric density standards for infant formula made available in the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ); and as appropriate, update the regulations based on the most recent scientific knowledge available. Not later than 60 days after the date of enactment of this Act, the Secretary shall incorporate into the review conducted under section 17(f)(11)(C) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(f)(11)(C) ), an examination of criteria relating to fluid milk, in consideration of the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 ( 7 U.S.C. 5341 ). The review shall include examination of the consumption and redemption rates since May 5, 2014.
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cites case law
Sec. 301
Reviews
U.S.C.§ 1769f
U.S.C.§ 1751
U.S.C.§ 1773
U.S.C.§ 1771
U.S.C.§ 1786
U.S.C.§ 5341
Cites 6Cited by 0 across 0 sources
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